Legal Opinion

United States v. Raymond Joseph Lopez

Court of Appeals for the Fifth Circuit

Decided July 5, 1994No. 93-1254PublishedCited by 83 opinions

1Per curiam

This appeal from a judgment of the district court resentencing a defendant who had previously been granted a downward departure for substantial assistance, but who thereafter refused to testify for the government at the trial of his codefendants, presents the question whether the district court had authority to modify the first sentence. Because we hold that none of the bases permitted by 18 U.S.C. § 3582(e) applies in this case, we reverse and remand for reinstatement of the original sentence.

I

Defendant Raymond J. Lopez (“Lopez”) pleaded guilty to one count of a 61-count multi-defendant…

2Cases cited20 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. United States v. AddonizioSupreme Court of the United States · 1979
  3. United States v. MorilloCourt of Appeals for the First Circuit · 1993
  4. United States v. Novenda L. CookCourt of Appeals for the Fourth Circuit · 1989
  5. United States v. Ralph R. RossCourt of Appeals for the Seventh Circuit · 1993

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3Cited by83 opinions

  1. United States v. BlackwellCourt of Appeals for the Tenth Circuit · 1996
  2. McClure v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
  3. United States v. Ramon Wilberto Abreu-CabreraCourt of Appeals for the Second Circuit · 1995
  4. United States v. GriffinCourt of Appeals for the First Circuit · 2008
  5. United States v. Lloyd D. WatrobaCourt of Appeals for the Sixth Circuit · 1995

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